Harbir And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 15558 of 1999 (O&M) Date of Decision: 24.02.2025 Harbir Singh and others ....Petitioners vs.

State of Haryana and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. B.R.Rana, Advocate Mr. Praak Sheoran, Advocate and Mr. Sanjay Verma, Advocate for the petitioners Mr. Raman Sharma, Addl. A.G., Haryana Mr. Padamkant Dwivedi, Advocate for respondent No. 2 *** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to respondents to pay them salary as payable to Drivers.

2.

The petitioners are claiming that they were appointed as Mali in 1981 and thereafter regularised in 1983. They are working as Driver whereas getting salary as class-IV employee. They are entitled to salary as payable to Driver because they are discharging duty of Driver. 3.

Mr. Padamkant Dwivedi, Advocate submits that Competent Authority would consider claim of petitioners in the light of Full Bench PARAMJIT KAUR SAINI 2025.02.24 04:56 I attest to the accuracy and integrity of this document

CWP No. 15558 of 1999 (O&M) -2judgment of this Court in Subhash Chander vs. State of Haryana and others, 2012 (1) SCT 603 as well as judgment of Supreme Court in Smt. P. Grover vs. State of Haryana, AIR 1983 SC 1060. 4.

Counsel for the petitioners agree to the aforesaid arrangement. 5.

In the wake of statement of both sides, the petition stands disposed of with a direction to respondent No. 2 to consider claim of the petitioners in the light of aforesaid judgments, within three months from today. The petitioners would be entitled to arrears from the date of filing of instant petition before this Court. The arrears will not carry interest. This petition shall be treated as representation.

6.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 24.02.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:

No PARAMJIT KAUR SAINI 2025.02.24 04:56 I attest to the accuracy and integrity of this document